When someone dies without a valid will (and without a trust plan that effectively controls the estate), California intestate succession laws determine who inherits the decedent's probate assets and in what shares. Intestate succession often triggers a court-supervised probate administration, and it can create unexpected outcomes in blended families, second marriages, and situations involving stepchildren, long-term partners, or assets titled in only one spouse's name. At Westlake Law Group, we represent executors, administrators, heirs, beneficiaries, and families throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in intestate probate proceedings and related probate court disputes.

Intestate cases frequently involve more than “who gets what.” Common issues include locating assets, determining whether property is community or separate, identifying heirs, addressing creditor claims, and resolving family conflict about control of the administration and timing of distributions.

If you need help with an intestate probate in Southern California, call (818) 444-2022 or contact Westlake Law Group to schedule a confidential consultation:
https://www.californiatrustattorney.com/contact-us/

What Is Intestate Succession?

“Intestate succession” is the statutory distribution system that applies when a person dies without a valid will or when a will does not dispose of all probate property. Cornell Law School's Legal Information Institute provides a general definition here:
https://www.law.cornell.edu/wex/intestate_succession

In California, the basic rule is stated in Probate Code section 6400: any part of the estate not effectively disposed of by will passes to the decedent's heirs under the intestate succession statutes:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6400.

Intestate Succession Applies Only to Probate Property

A key point for families is that intestate succession applies to probate assets, not everything the decedent owned. Many assets pass outside probate, such as:

  • Assets held in a properly funded trust
  • Joint tenancy assets that pass by survivorship
  • Accounts with payable-on-death or transfer-on-death designations
  • Life insurance and retirement accounts with named beneficiaries

When a decedent dies intestate, families often discover that titling and beneficiary designations control major assets, while intestate succession controls only what is left in the probate estate.

Who Inherits Under California Intestate Succession?

California's intestate succession framework is primarily in Probate Code sections 6400–6455. The distribution depends heavily on whether there is a surviving spouse or registered domestic partner, whether property is community or separate, and which relatives survive the decedent.

Spouse or Registered Domestic Partner Share (Community vs Separate Property)

California's intestate share rules for a surviving spouse are in Probate Code section 6401:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB%C2%A7ionNum%3D6401.

In general terms, intestate succession typically treats community property differently than separate property. Characterization disputes are common in intestate cases because the spouse's share of separate property can vary depending on whether the decedent also left children (or descendants of children) or other relatives.

Order of Inheritance When There Is No Surviving Spouse

If there is no surviving spouse (or after the spouse's share is determined), California's order-of-inheritance rules are set out in Probate Code section 6402:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6402.

As a general structure, the statute prioritizes:

  • The decedent's issue (children and other descendants)
  • If no issue, the decedent's parents
  • If no parents, the issue of the parents (siblings, then nieces and nephews by representation)
  • If none, grandparents and their issue (aunts, uncles, cousins), continuing outward under statutory rules

Special Intestate Rule Involving Issue of a Predeceased Spouse

California includes a special intestate distribution provision in certain fact patterns involving real property and the issue or relatives of a predeceased spouse. Probate Code section 6402.5 addresses these distributions in limited circumstances:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6402.5.

This is a common area where families are surprised by statutory outcomes and where careful legal analysis is needed before distributing property.

Common Intestate Succession Problems

Intestate succession can create practical and legal issues that do not exist when there is a clear will or trust plan, including:

  • Multiple competing petitions to be appointed as administrator
  • Disputes about who qualifies as an heir and whether anyone was omitted
  • Conflicts over whether property is community or separate
  • Stepchildren and long-term partners discovering they may not inherit under intestacy
  • Family disputes about selling a residence, keeping rental property, or managing a business
  • Delays caused by missing records, unknown assets, or contested valuations

Opening a Probate Case in an Intestate Estate

Many intestate estates require a court probate proceeding to collect assets, pay debts, and transfer property. The Judicial Council's Petition for Probate (DE-111) is the form commonly used to start a probate case:
https://courts.ca.gov/sites/default/files/courts/default/2024-11/de111.pdf

California Courts' statewide forms portal (including probate forms and instructions) is here:
https://courts.ca.gov/rules-forms/court-forms

For county-specific court information, Westlake Law Group regularly appears in the Probate Divisions of the Superior Court, including:

Ventura County Superior Court – Probate Division
https://ventura.courts.ca.gov/divisions/probate

Los Angeles County Superior Court – Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate

Smaller Estates and Alternatives to Full Probate

Some intestate estates may qualify for simplified procedures, depending on the type and value of property and other requirements. These procedures can still be technical, especially when real property is involved, and mistakes can create title problems later.

California Courts provides a petition option for certain small estates involving a primary residence (DE-310):
https://selfhelp.courts.ca.gov/jcc-form/DE-310

When tax reporting is required or when there are unresolved debts, families should be careful about using shortcuts without confirming eligibility and creditor exposure. The IRS provides executor and survivor guidance in Publication 559:
https://www.irs.gov/publications/p559

Locating Missing Assets and Unclaimed Property

In intestate cases, families may not know what accounts existed or where the decedent held funds. California's State Controller maintains the state's unclaimed property search portal, which can be useful when accounts have been dormant or turned over to the state:
https://ucpi.sco.ca.gov/en/Property/SearchIndex

While unclaimed property searches do not replace a full asset investigation, they can help identify forgotten accounts, insurance proceeds, or other property that should be accounted for in the estate.

Representative Matters

While every case is unique, Westlake Law Group frequently assists clients with:

  • Opening intestate probate proceedings and obtaining appointment as administrator
  • Identifying heirs and addressing contested heirship or omitted-heir issues
  • Resolving disputes over community property, separate property, and reimbursement claims
  • Handling real estate sales, occupancy disputes, and distribution conflicts in intestate estates
  • Addressing creditor claims, tax issues, and fiduciary accounting requirements
  • Litigating contested probate matters involving allegations of misconduct or hidden assets

Frequently Asked Questions

Who inherits if someone dies without a will in California?
California law controls. The distribution depends on whether there is a surviving spouse or registered domestic partner, whether property is community or separate, and which relatives survive. The governing statutes include Probate Code sections 6400, 6401, and 6402:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6400.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB%C2%A7ionNum%3D6401.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6402.

Do stepchildren inherit under intestate succession?
Not automatically. Intestate succession is relationship-based under statute, and stepchildren often do not inherit unless they were legally adopted or otherwise qualify under specific statutory rules. This is a common reason families face unexpected outcomes when there is no will or trust.

Can family members fight over who becomes the administrator?
Yes. Intestate administrations can involve competing petitions and disputes about priority, suitability, and conflicts of interest. Early representation can reduce delays and help prevent expensive litigation.

Schedule a Confidential Consultation

Intestate succession is a mandatory statutory system that often produces results families do not expect, particularly when there are second marriages, blended families, real estate, or disputed property characterization issues. If a loved one died without a will in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, call Westlake Law Group at (818) 444-2022 or submit a consultation request here:
https://www.californiatrustattorney.com/contact-us/

Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.